about 1 month ago
CNBC Oct 6, 2026

Alito plans to stay on Supreme Court, even if Democrats regain Senate: Report

Supreme Court Justice Samuel Alito has announced his intention to remain on the bench through at least the upcoming term, which runs until late June or early July of 2027. This decision stands even if the Democratic Party wins back control of the Senate in the midterm elections scheduled for November 2026. Alito, 76, clarified that he will not retire during the short lame-duck session following the elections, a period when Republicans would still hold Senate majority until early January.

Alito’s choice to stay put comes amid concerns that, if Democrats secure the Senate majority in the next Congress, they could block any Supreme Court nominations made by President Donald Trump. The prospect of such blockage adds significant weight to Alito’s decision, as his retirement would normally allow Trump the opportunity to nominate a successor. Alito described himself as mentally and physically capable of continuing his service and said he made this retirement decision many months ago.

Alito has previously considered retirement but dismissed those thoughts in recent interviews. He was appointed to the Court in 2005 by President George W. Bush and is one of six conservative justices currently serving. Other conservatives on the nine-member court, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, were nominated by Trump. Alito recently published a book titled “So Ordered: An Originalist’s View of the Constitution, the Court and Our Country.”

The political context surrounding Supreme Court appointments remains highly charged, especially after Senate Republicans, under then-Majority Leader Mitch McConnell, blocked the consideration of Merrick Garland in 2016. This move ultimately paved the way for Trump to appoint Gorsuch. The rapid confirmation of Amy Coney Barrett in 2020 also underscored the high stakes and strategic timing of Supreme Court nominations in relation to Senate control and presidential terms.

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